[R.O. 2011 §2.26.010; Prior Code §8-1; Ord. No. 5129 §2]
There is established in this City a Municipal Court, to be known
as the University City Municipal Court, a Division of the 21st Judicial
Circuit Court of the State of Missouri. This Court is a continuation
of the Municipal Court of the City as previously established, and
is termed in this Chapter "the Municipal Court".
Violations of municipal ordinances shall be heard and determined
only before divisions of the Circuit Court as hereinafter provided
in this Chapter. "Heard and determined", for purposes
of this Chapter, shall mean any process under which the court in question
retains the final authority to make factual determinations pertaining
to allegations of a municipal ordinance violation.
[R.O. 2011 §2.26.030; Prior Code §8-3; Ord. No. 5129 §2]
The Judge of the City's Municipal Court shall be known as the
Municipal Judge of the 21st Judicial Circuit Court, and shall be selected
as follows: He/she shall be appointed to his/her position by the City
Manager for a term specified in this Chapter.
[R.O. 2011 §2.26.040; Prior Code §8-4; Ord. No. 5129 §2; Ord. No. 6192, 1999]
The Municipal Judge shall hold his/her office until the expiration
of his/her term on December 31, 1998. Thereafter, the Municipal Judge
shall hold his/her office for a period of two (2) years and shall
take office from January 1, 1999. If for any reason the Municipal
Judge vacates his/her office, his/her successor shall complete that
term of office, even if the same is for less than two (2) years.
[R.O. 2011 §2.26.050; Prior Code §8-5; Ord. No. 5129 §2]
A.
The
Municipal Judge shall vacate his/her office under the following circumstances:
[R.O. 2011 §2.26.060; Prior Code §8-6; Ord. No. 5129 §2]
A.
The
Municipal Judge shall possess the following qualifications before
he/she shall take office:
1.
The Municipal Judge must be a licensed attorney, qualified to practice
law within the State.
2.
The Municipal Judge must reside within the City.
3.
The Municipal Judge must be a resident of the State.
4.
The Municipal Judge must be between the ages of twenty-one (21) and
seventy-five (75) years.
5.
The Municipal Judge may serve as Municipal Judge for any other municipality.
6.
The Municipal Judge may not hold any other office within the City
Government.
B.
The
Municipal Judge shall be considered as holding a part-time position,
and as such may accept (within the requirements of the Code of Judicial
Conduct, Missouri Supreme Court Rule 2) other employment.
[R.O. 2011 §2.26.070; Prior Code §8-7; Ord. No. 5129 §2]
The Municipal Court of the City shall be subject to the rules
of the Circuit Court of which it is a part, and to the rules of the
State Supreme Court. The Municipal Court shall be subject to the general
administrative authority of the Presiding Judge of the Circuit Court,
and the Judge and personnel of said Court shall obey the Presiding
Judge's directives.
[R.O. 2011 §2.26.080; Prior Code §8-8; Ord. No. 5129 §2; Ord. No. 7333, 8-22-2023]
A.
In
the prosecution of violations of municipal ordinances before the Municipal
Judge, all fines and court costs shall be paid to and deposited by
the Municipal Court Clerk not less frequently than monthly into the
City Treasury.
B.
On
or before the 15th of each month, the Municipal Court Clerk shall
submit to the City Clerk a copy of the monthly case load report summary
report for the preceding month required by Missouri Supreme Court
Operating Rule 4.28. The City Clerk shall provide copies to the City
Council upon request.
[R.O. 2011 §2.26.090; Prior Code §8-9; Ord. No. 5129 §2]
The Municipal Judge shall be a conservator of the peace. The
Municipal Judge shall keep a docket in which he/she shall enter every
case commenced before him/her and the proceedings therein, and he/she
shall keep such other records as may be required. Such docket and
record shall be records of the Circuit Court of the County. The Municipal
Judge shall deliver this docket and record of the Municipal Court,
and all books and papers pertaining to his/her office, to his/her
successor in office or to the Presiding Judge of the Circuit Court.
[R.O. 2011 §2.26.100; Prior Code §8-10; Ord. No. 5129 §2]
A.
The
Municipal Judge shall be and is authorized to:
1.
Establish a Violations Bureau as provided for in the Missouri Rules
of Practice and Procedure in Municipal Court and Traffic Courts in
Section 479.050, RSMo.;
2.
Administer oaths and enforce due obedience to all orders, rules and
judgments made by him/her, and may fine and imprison for contempt
committed before him/her while holding court, in the same manner and
to the same extent as a Circuit Judge;
3.
Commute the term of any sentence, stay of execution of any sentence,
suspend any fine or sentence, and make such other orders as a Municipal
Judge deems necessary relative to any matter that may be pending in
the Municipal Court;
4.
Make and adopt such rules of practice and procedure as are necessary
to implement and carry out the provisions of this Chapter, and to
make and adopt such rules of practice and procedure as are necessary
to herein decide matters pending before Municipal Court, and to implement
and carry out the provisions of the Missouri Rules of Practice and
Procedure in Municipal and Traffic Courts. Any and all rules made
or adopted under this Chapter may be annulled or amended by an ordinance
limited to such purpose, provided that such ordinance does not violate
or conflict with the provisions of the Missouri Rules of Practice
and Procedure in Municipal and Traffic Courts, or State Statutes;
5.
The Municipal Judge shall have such other powers, duties and privileges
as are or may be prescribed by the laws of this State, by this Code
or other ordinances of the City.
[R.O. 2011 §2.26.110; Prior Code §8-11; Ord. No. 5215 §1; Ord. No. 6192, 1999]
A.
The
Municipal Judge having original jurisdiction of traffic offenses may
establish by Court order a Violations Bureau which shall be subject
to the supervision of the Circuit Court.
B.
A Clerk
shall be designated by the Judge as the Violations Clerk. The Clerk
shall perform the duties designated by the Court including accepting
appearance, waiver of trial, plea of guilty, and payment of fine and
costs in traffic offenses, subject to the limitations hereinafter
prescribed.
C.
The
traffic offenses within the authority of the Violations Clerk shall
be designated by order of the Judge. Such designated traffic offenses
may be amended from time to time but shall in no event include the
following:
D.
The
Judge, by order prominently posted at the place where the fines are
to be paid, shall specify by schedule the amount of fines and costs
to be imposed for each traffic offense.
E.
Within
the time fixed by the Judge and subject to the Judge's order, any
person charged with a traffic offense, except those requiring Court
appearance, may deliver by mail or otherwise the specified amount
of the fine and costs to the Violations Bureau. Said delivery constitutes
a guilty plea and waiver of trial.
[R.O. 2011 §2.26.120; Prior Code §8-12; Ord. No. 5129 §2]
All warrants issued by a Municipal Judge shall be directed to
the Chief of Police or any other Police Officer of the municipality,
or to the Sheriff of the County. The warrant shall be executed by
the Chief of Police, Police Officer or Sheriff any place within the
limits of the County, and not elsewhere, unless the warrants are endorsed
in the manner provided for warrants in criminal cases and, when so
endorsed, shall be served in other Counties, as provided for in warrants
and criminal cases.
[R.O. 2011 §2.26.130; Prior Code §8-13; Ord. No. 5129 §2]
The Chief of Police or other Police Officer of the City may,
without a warrant, make arrests of any person who commits an offense
in his/her presence, but such officer shall, before the trial, file
a written complaint with the Judge hearing violations of municipal
ordinances and codes.
Any person charged with a violation of an ordinance or Code
of the City shall be entitled to a trial by jury if a trial by jury
is required by law. Whenever a defendant accused of a violation of
an ordinance or Code Section demands a trial by jury, the Municipal
Court shall certify the case to the Circuit Court, as provided by
law.
[R.O. 2011 §2.26.150; Prior Code §8-15; Ord. No. 5129 §2]
It shall be the duty of an attorney designated by the municipality
to prosecute the violation of the City's ordinances and codes before
the Municipal Judge or before any Circuit Judge hearing violations
of the City's ordinances and codes. The salary or fees of the attorney
and the attorney's necessary expenses incurred in such prosecution
shall be paid by the City. The compensation of such attorney shall
not be contingent upon the result in any case.
[R.O. 2011 §2.26.160; Prior Code §8-16; Ord. No. 5129 §2]
It shall be the duty of the Municipal Judge to summon all persons
whose testimony may be deemed essential as witnesses at the trial
and to enforce their attendance by attachment, if necessary. The fees
of witnesses shall be the same as those fixed for witnesses in trials
before associate Circuit Judges and shall be taxed as other costs
in the case. When a trial shall be continued by a Municipal Judge,
it shall not be necessary to summon any witnesses who may be present
at the continuance; but the Municipal Judge shall orally notify such
witnesses as either party may require to attend before the Municipal
Judge on the day set for trial to testify in the case and enter the
names of such witnesses on the Municipal Judge's docket, which oral
notice shall be valid as a summons.
[R.O. 2011 §2.26.170; Prior Code §8-17; Ord. No. 5129 §2]
A.
If,
in the progress of any trial before a Municipal Judge, it shall appear
to the Judge that the accused ought to be put upon trial for an offense
against the criminal laws of the State and not cognizable before him/her
as Municipal Judge, the Municipal Judge shall immediately stop all
further proceedings before him/her as Municipal Judge and cause the
complaint to be made before some Associate Circuit Judge of the County.
B.
For
purposes of this Section, any offense involving the operation of a
motor vehicle in an intoxicated condition as defined in Section 577.001,
RSMo., shall not be cognizable in Municipal Court, if the defendant
has been convicted, found guilty, or pled guilty to two (2) or more
previous intoxication-related traffic offenses as defined in Section
577.023, RSMo., or has had two (2) or more previous alcohol-related
enforcement contacts as defined in Section 302.525, RSMo.
[R.O. 2011 §2.26.180; Prior Code §8-18; Ord. No. 5129 §2]
If the City has no suitable or safe place of confinement, the
Municipal Judge may commit the defendant to the County Jail, and it
shall be the duty of the Sheriff, if space for prisoner is available
in the County Jail, upon receipt of a warrant of commitment from the
Judge, to receive and safely keep such prisoner until discharge by
due process of law. The municipality shall pay the board of such prisoner
at the same rate as may now or hereafter be allowed to such Sheriff
for the keeping of such prisoner in his/her custody. The same shall
be taxed as cost.
[R.O. 2011 §2.26.190; Prior Code §8-19; Ord. No. 5129 §2; Ord. No. 6192, 1999]
A.
Any
Judge hearing violations of municipal ordinances may, when in his/her
judgment it may seem advisable, grant a parole or probation to any
person who shall plead guilty or who shall be convicted after a trial
before such Judge. When a person is placed on probation, he/she shall
be given a certificate explicitly stating the conditions on which
he/she is being released.
B.
In
addition to such other authority as exists to order conditions of
probation, the Court may order conditions which the Court believes
will serve to compensate the victim of the crime, any dependent of
the victim, or society in general. Such conditions may include, but
need not be limited to:
C.
A person
may refuse probation conditioned on the performance of free work.
If he/she does so, the Court shall decide the extent or duration of
sentence or other disposition to be imposed and render judgment accordingly.
Any County, City, person, organization or agency or employee of a
County, City, organization or agency charged with the supervision
of such free work or who benefits from its performance shall be immune
from any suit by the person placed on parole or probation or any person
deriving a cause of action from him/her if such cause of action arises
from such supervision of performance, except for intentional torts
or gross negligence. The services performed by the probationer or
parolee shall not be deemed employment within the meaning of the provisions
of Chapter 288, RSMo.
D.
The
Court may modify or enlarge the conditions of probation at any time
prior to the expiration or termination of the probation term.
[R.O. 2011 §2.26.200; Prior Code §8-20; Ord. No. 5129 §2]
The defendant shall have a right to a trial de novo before a
Circuit Judge or on assignment before an Associate Circuit Judge,
except where there has been a plea of guilty or there has been a trial
by jury. An application for a trial de novo shall be filed within
ten (10) days after judgment and shall be filed in such form and perfected
in such manner as provided by Supreme Court Rules.
[R.O. 2011 §2.26.210; Prior Code §8-21; Ord. No. 5129 §2]
In case of a breach of any recognizance entered into before
a Municipal Judge or an Associate Circuit Judge during an ordinance
or code violation case, the same shall be deemed forfeited, and the
Judge shall cause the same to be prosecuted against the principal
and surety, or either of them, in the name of the municipality as
plaintiff. Such action shall be prosecuted before a Circuit Judge
or an Associate Circuit Judge, and in the event of cases caused to
be prosecuted before a Circuit Judge or an associate Circuit Judge,
and in the event of cases caused to be prosecuted by a Municipal Judge,
such shall be on the transcripts of the proceedings before the Municipal
Judge. All monies recovered in such actions shall be paid over to
the Municipal Treasury to the General Revenue Fund of the municipality.
[R.O. 2011 §2.26.220; Prior Code §8-22; Ord. No. 5129 §2]
A Municipal Judge shall be disqualified to hear any case in
which the Judge is in any way interested, or if before the trial has
commenced, the defendant or the prosecutor files an affidavit that
the defendant or the municipality, as the case may be, cannot have
a fair and impartial trial by reason of the interest or prejudice
of the Judge. Neither the defendant nor the municipality shall be
entitled to file more than one (1) affidavit of disqualification in
the same case.
A.
The
University City Municipal Division of the St. Louis County Circuit
Court shall be composed of two (2) Divisions. All cases shall be assigned
to Division One. Upon the disqualification, temporary absence or illness
of the Judge of Division One, cases shall be transferred to Division
Two for further proceedings in accordance with law.
B.
The
Judges of the City's Municipal Court shall be known as the Municipal
Judges of the 21st Judicial Circuit Court of Missouri and they shall
be appointed to their positions by the Council for a term as specified
herein.
[1]
State Law Reference — Authority to provide for selection
of municipal judges, §479.020(1), RSMo.
[R.O. 2011 §2.26.260; Prior Code §8-25; Ord. No. 5129 §2; Ord. No. 6192, 1999]
A.
There
shall be a Clerk of the Municipal Court. The duties of the Clerk shall
include the following:
1.
To collect fines and Court costs for ordinance violations;
2.
To take oaths and affirmations;
3.
To accept signed complaints, and allow the same to be signed and
sworn to or confirmed before him/her;
4.
To sign and issue subpoenas and summonses;
5.
To perform such duties as directed by the City Manager;
6.
To perform all other duties required by law.
[R.O. 2011 §2.26.270; Prior Code §1-8.1; Ord. No. 5095 §§1 — 2; Ord. No.
6021 §1, 6-26-1995]
A.
A Judge
of the Municipal Court may assess Court costs against a defendant
in an amount not to exceed twelve dollars ($12.00) per case for each
municipal ordinance violation case filed before a Municipal Judge
in the event the defendant pleads guilty or is found guilty, except
in those cases where the defendant is found by the Judge to be indigent
and unable to pay the Court costs.
B.
The
Court costs authorized in this Section are in addition to service
costs, witness fees and jail costs that may otherwise be authorized
to be assessed, but are in lieu of other Court or Judge costs or fees.
C.
The
Court costs authorized in this Section shall be collected by the Clerk
of the Municipal Court and paid to and deposited not less frequently
than monthly into the City Treasury.
[R.O. 2011 §§2.26.280, 2.26.290; Prior Code §1-8.2.5; Ord. No. 6192, 1999; Ord.
No. 6337 §1, 2001; Ord. No.
7099, 2-25-2019]
A.
Crime Victims' Compensation Fund.
1.
A surcharge of seven dollars fifty cents ($7.50) shall be assessed
as Court costs against a defendant in each Court proceeding for violation
of a municipal ordinance except that no such fee shall be collected
when the proceeding or the defendant has been dismissed by the Court
or when costs are to be paid by the City. The Clerk of the Municipal
Court shall collect such Court costs.
2.
At least monthly, ninety-five percent (95%) of the Court costs
collected by the Municipal Court Clerk pursuant to this Subsection
shall be paid to the Missouri Director of Revenue for the Crime Victims'
Compensation Fund and the Services To Victims' Fund, and the remaining
five percent (5%) shall be paid into the City Treasury.
B.
Peace Officer Standards And Training Commission Fund.
1.
A surcharge of three dollars ($3.00) shall be assessed as Court
costs in each case involving violation of a municipal ordinance, provided
that no such fee shall be collected when the proceeding or the defendant
has been dismissed by the Court or when costs are to be paid by the
City. The Clerk of the Municipal Court shall collect such Court costs.
2.
Two dollars ($2.00) of each such Court costs shall be transmitted
monthly to the Treasurer of the City and used to pay for the peace
officer training required as provided by Sections 590.100 to 590.180,
RSMo. The City shall not retain more than one thousand five hundred
dollars ($1,500.00) of such funds for each certified Law Enforcement
Officer or candidate for certification employed by the City. Any excess
funds shall be transmitted quarterly to the City's General Fund.
3.
One dollar ($1.00) of each such Court costs shall be sent to
the State Treasury to the credit of the Peace Officer Standards and
Training Commission Fund created by Section 590.178, RSMo.
C.
Shelters For Victims Of Domestic Violence.
1.
A surcharge of four dollars ($4.00) shall be assessed in each
case involving violation of a municipal ordinance. No surcharge shall
be collected in any proceeding when the proceeding or the defendant
has been dismissed by the Court or when costs are to be paid by the
City. The Clerk of the Municipal Court shall collect such surcharge.
2.
The surcharges collected by the Municipal Court Clerk pursuant
to this Subsection shall be disbursed to St. Louis County at least
monthly to use only for the purpose of providing operating expenses
for shelters for battered persons as defined in Sections 455.200 to
455.230, RSMo.
D.
Inmate Prisoner Detainee Security Fund.
1.
A surcharge of two dollars ($2.00) shall be assessed as Court
costs in each Court proceeding involving violation of a municipal
ordinance, except that no such fee shall be collected in any proceeding
when the proceeding or the defendant has been dismissed by the Court
or when costs are to be paid by the City. The Clerk of the Municipal
Court shall collect such Court costs.
2.
The surcharges collected by the Clerk of the Municipal Court
pursuant to this Subsection shall be paid to the City Treasurer not
less frequently than monthly. The City Treasurer shall deposit the
funds generated by the surcharge into the "Inmate Prisoner Detainee
Security Fund." Funds deposited shall be utilized to acquire and develop
biometric verification systems and information sharing to ensure that
inmates, prisoners, or detainees in a holding cell facility or other
detention facility or area which hold persons detained only for a
short period of time after arrest or after being formally charged
can be properly identified upon booking and tracked within the local
law enforcement administration system, criminal justice administration
system, or the local jail system. Upon the installation of the information
sharing or biometric verification system, funds in the inmate prisoner
detainee security fund may also be used for the maintenance, repair,
and replacement of the information sharing or biometric verification
system, and also to pay for any expenses related to detention, custody,
and housing and other expenses for inmates, prisoners, and detainees.
E.
Statewide Court Automation Fund.
1.
A surcharge of seven dollars ($7.00) shall be assessed as Court
costs in each case involving a violation of a municipal ordinance,
except that no such fee shall be collected in any proceeding when
the proceeding or the defendant has been dismissed by the Court or
when costs are waived or are to be paid by the City. The Clerk of
the Municipal Court shall collect such Court costs.
2.
The surcharges collected by the Clerk of the Municipal Court
pursuant to this Subsection shall be paid to the Missouri Director
of Revenue to the credit of the Statewide Court Automation Fund established
by Section 476.055, RSMo.
[R.O. 2011 §2.26.300; Prior Code §8-27; Ord. No. 5129 §2]
The cost of any action may be assessed against the prosecuting
witness, and judgment be rendered against him/her that he/she pay
the same and stand committed until paid, in any case where it appears
to the satisfaction of the Municipal Judge that the prosecution was
commenced without probable cause or from malicious motives; or in
the event any complainant, prosecutor or person other than a City
Officer, at whose instance or upon whose information any suit may
be instituted by the City, neglects and fails to appear and prosecute
the same; or in the event any complainant refuses to prosecute such
complaint.
[R.O. 2011 §2.26.310; Prior Code §8-28; Ord. No. 5129 §2]
When a fine is assessed for violating an ordinance or code,
it shall be within the discretion of the Judge assessing the fine
to provide for the payment of a fine on an installment basis under
such terms and conditions as the Judge may deem appropriate.
[R.O. 2011 §10.16.340; Prior Code §21-107.3; Ord. No. 5890 §1, 10-5-1992]
Upon a plea of guilty or a finding of guilty of violating Section 342.010 or 342.030, the court may, in addition to imposition of any penalties provided by law, order the convicted person to reimburse the State or local Law Enforcement Agency which made the arrest for the costs associated with such arrest. Such costs shall include the reasonable cost of making the arrest, including the cost of any chemical test made under this Title to determine the alcohol or drug content of the person's blood, and the costs of processing, charging, booking and holding such person in custody. The Chief of Police may establish a schedule of such costs; however, the court may order the costs reduced if it determines that the costs are excessive.
